Q: I worked as a CNA at a nursing home and, due to misunderstandings, transferred a client wrong. What should I do?
As I mentioned above, I worked at a nursing home that did both long term care and rehab. Although my three days of training were in long term, I was moved to rehab, which is where I became comfortable and is where I had worked for almost half a year. Then, one day in the morning, I was moved over to the long term unit due to understaffing. Everyone there was clearly stressed, and I got a rushed report. The client in question, I was told a couple times was a "sit-to-stand", which I misunderstood as being able to stand from a sitting position due to my time in rehab, but was actually a type of machine only used in the long term wing. As a result, when the client was ready to go to the bathroom, I tried to help her stand (which she was able to do the last time I had worked with her while being trained), and she fell, resulting in minor injuries. I did get fired, but the CEO acknowledges that it was an accident. However, I'm still being charged with a Class 1 Misdemeanor for neglect.
A: Based on your facts, I do not see how a neglect charge reach trial. You should contact a criminal law attorney. In the alternative, you likely qualify for a public defender.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
